Author Archives: admin

Inheritance Rights and the Step-Partner Adoption Paradigm: Shades of the Discrimination Against Illegitimate Children

Due to changing social norms and evolving reproductive technology, the issue of what constitutes a family, and more specifically, what constitutes a legally recognized parent-child relationship, is one of the more complex and hotly debated issues in the legal academy. … Continue reading

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The Positive and Normative Puzzle of Decision Rules for Juries: the Example of Decision Rules for Civil Litigation in State Courts

All of the decision rules for juries in state courts, deciding civil cases, are what may be characterized as “two way” rules. Whatever consensus is required to secure a favorable verdict applies to all parties to the litigation. The governing … Continue reading

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The Lawlessness of Aggregative Torts

Aggregative torts rely on nontraditional theories of liability in which collective, rather than individual, interests are paramount. All legal rules are to some extent aggregative in that they purport to treat all similarly situated persons alike. But traditionally, in most … Continue reading

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Executive Power, the Commander in Chief, and the Militia Clause

One of the great constitutional struggles in the United States depends on our vision of government. In dealing with that question in connection with the issues of federalism, the prevailing modern wisdom since the 1937 term of the Supreme Court … Continue reading

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Judicial Supervision of Campaign Information: a Proposal to Stop the Dangerous Erosion of Madison’s Design for Actual Representation

On September 4, 2005, less than one week after Hurricane Katrina devastated New Orleans and the Gulf Coast, and more than three years into an escalating quagmire in Iraq, Frank Rich facetiously paraphrased Secretary of Defense Donald Rumsfeld, writing, “for … Continue reading

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Business Necessity and Hostile Work Environment: an Evolutionary Step Forward for Title VII

So, imagine that you are a bright, young college graduate. You are also a female. The first interview that you get is with a new internet magazine that was launched only a few months ago. The job you are interviewing … Continue reading

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Applicants Laid Bare: the Privacy Economics of University Application Files

So—Princeton University’s admissions staff hacked into Yale University’s application files to get access to personal information about Yale applicants. This unlikely event brings to mind the comprehensiveness of application files—a veritable one-stop-shop for those interested in applicants’ personal information. Just … Continue reading

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The Evolution of the “Patient”: Shifts in Attitudes About Consent, Genetic Information, and Commercialization in Health Care

A momentous ideological change in the world of health care has accompanied the advent of managed care, third party payers, soaring costs, and sophisticated medical technology. The ideological change has facilitated a far-reaching transformation in the physician-patient relationship. A form … Continue reading

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Re-membering Law in the Internationalizing World

This article addresses the current unprecedented intermingling of laws and legal norms in our internationalizing world. It examines in particular the meeting of the common and civil law in the European Union as an indication of the often unseen and … Continue reading

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Responsibility and Control

In two recent cases, Kansas v. Hendricks and Kansas v. Crane, the Supreme Court upheld sex predator legislation. The Kansas statute, which is similar to legislation adopted in other states, provides for the indefinite detention of those classified as sex … Continue reading

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